Senate Bill sb0036Ae1

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    SB 36-A                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to state universities; creating

  3         s. 1001.70, F.S.; establishing the Board of

  4         Governors; providing membership and terms of

  5         office; amending s. 1001.71, F.S.; revising

  6         membership of university boards of trustees and

  7         terms of office; amending s. 1009.24, F.S.;

  8         authorizing a nonrefundable admissions deposit;

  9         creating 1012.975, F.S.; defining the terms

10         "cash-equivalent compensation," "public funds,"

11         and "remuneration"; limiting the annual

12         remuneration of a state university president to

13         $225,000 from public funds; providing certain

14         limitations on benefits for state university

15         presidents under the Florida Retirement System;

16         authorizing a party to provide cash or

17         cash-equivalent compensation in excess of

18         annual limit from nonpublic funds; eliminating

19         any state obligation to provide cash or

20         cash-equivalent compensation for state

21         university presidents under certain

22         circumstances; amending s. 17.076, F.S.;

23         providing an exception to a public records

24         exemption; amending s. 110.161, F.S.; including

25         employees of state universities in the

26         definition of "employee" for purposes of the

27         pretax benefits program; amending s. 112.215,

28         F.S.; including employees of state university

29         boards of trustees in the definition of

30         "employee" for purposes of the deferred

31         compensation program; amending s. 287.064,


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    SB 36-A                                        First Engrossed



 1         F.S.; authorizing state universities to

 2         continue to participate in the consolidated

 3         equipment financing program; amending s.

 4         440.38, F.S.; including state universities as

 5         self-insurers for purposes of workers'

 6         compensation; amending s. 1001.74, F.S.; adding

 7         a cross-reference relating to pretax benefits

 8         for state university employees; amending s.

 9         1009.21, F.S.; revising provisions relating to

10         determination of resident status for tuition

11         purposes; providing for reclassification;

12         creating s. 1010.10, F.S.; creating the Florida

13         Uniform Management of Institutional Funds Act;

14         providing definitions; providing for

15         expenditure of endowment funds by a governing

16         board; providing for a standard of conduct;

17         providing investment authority; providing for

18         delegation of investment management; providing

19         for investment costs; providing for uniformity

20         of application and construction; amending s.

21         1011.94, F.S., relating to the Trust Fund for

22         University Major Gifts; revising provisions

23         relating to use of proceeds; replacing

24         references to State Board of Education with

25         Board of Governors; providing limitations on

26         matching funds; providing for construction of

27         the act in pari materia with laws enacted

28         during the Regular Session of the Legislature;

29         providing an effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:


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    SB 36-A                                        First Engrossed



 1         Section 1.  Section 1001.70, Florida Statutes, is

 2  created to read:

 3         1001.70  Board of Governors.--Pursuant to s. 7(d), Art.

 4  IX of the State Constitution, the Board of Governors is

 5  established as a body corporate comprised of 17 members as

 6  follows: 14 citizen members appointed by the Governor subject

 7  to confirmation by the Senate; the Commissioner of Education;

 8  the chair of the advisory council of faculty senates or the

 9  equivalent; and the president of the Florida student

10  association or the equivalent. The appointed members shall

11  serve staggered 7-year terms. In order to achieve staggered

12  terms, beginning July 1, 2003, of the initial appointments, 4

13  members shall serve 2-year terms, 5 members shall serve 3-year

14  terms, and 5 members shall serve 7-year terms.

15         Section 2.  Section 1001.71, Florida Statutes, is

16  amended to read:

17         1001.71  University boards of trustees; membership.--

18         (1)  Pursuant to s. 7(c), Art. IX of the State

19  Constitution, each local constituent university shall be

20  administered by a university board of trustees comprised of 13

21  members as follows: 6 citizen members appointed by the

22  Governor subject to confirmation by the Senate; 5 citizen

23  members appointed by the Board of Governors subject to

24  confirmation by the Senate; the chair of the faculty senate or

25  the equivalent; and the president of the student body of the

26  university. The appointed members shall serve staggered 5-year

27  terms. In order to achieve staggered terms, beginning July 1,

28  2003, of the initial appointments by the Governor, 2 members

29  shall serve 2-year terms, 3 members shall serve 3-year terms,

30  and 1 member shall serve a 5-year term and of the initial

31  appointments by the Board of Governors, 2 members shall serve


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    SB 36-A                                        First Engrossed



 1  2-year terms, 2 members shall serve 3-year terms, and 1 member

 2  shall serve a 5-year term. University boards of trustees shall

 3  be comprised of 12 members appointed by the Governor and

 4  confirmed by the Senate in the regular legislative session

 5  immediately following his or her appointment. In addition, the

 6  student body president elected on the main campus of the

 7  university pursuant to s. 1004.26 shall serve ex officio as a

 8  voting member of his or her university board of trustees.

 9  There shall be no state residency requirement for university

10  board members, but the Governor and the Board of Governors

11  shall consider diversity and regional representation.

12         (2)  Members of the boards of trustees shall receive no

13  compensation but may be reimbursed for travel and per diem

14  expenses as provided in s. 112.061.

15         (3)  The Governor may remove a trustee upon the

16  recommendation of the State Board of Education, or for cause.

17         (4)  Boards of trustees' members shall be appointed for

18  staggered 4-year terms, and may be reappointed for additional

19  terms not to exceed 8 years of service.

20         (3)(5)  Each board of trustees shall select its chair

21  and vice chair from the appointed members at its first regular

22  meeting after July 1. The chair shall serve for 2 years and

23  may be reselected for one additional consecutive term. The

24  duties of the chair shall include presiding at all meetings of

25  the board of trustees, calling special meetings of the board

26  of trustees, and attesting to actions of the board of

27  trustees, and notifying the Governor in writing whenever a

28  board member fails to attend three consecutive regular board

29  meetings in any fiscal year, which failure may be grounds for

30  removal. The duty of the vice chair is to act as chair during

31  the absence or disability of the chair.


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    SB 36-A                                        First Engrossed



 1         (4)(6)  The university president shall serve as

 2  executive officer and corporate secretary of the board of

 3  trustees and shall be responsible to the board of trustees for

 4  all operations of the university and for setting the agenda

 5  for meetings of the board of trustees in consultation with the

 6  chair.

 7         Section 3.  Subsection (13) of section 1009.24, Florida

 8  Statutes, amended to read:

 9         1009.24  State university student fees.--

10         (13)  Each university board of trustees is authorized

11  to establish a nonrefundable admissions deposit for

12  undergraduate, graduate, and professional degree programs in

13  an amount not to exceed $200. The admissions deposit shall be

14  imposed at the time of an applicant's acceptance to the

15  university and shall be applied toward tuition upon

16  enrollment. In the event the applicant does not enroll in the

17  university, the admissions deposit shall be deposited in an

18  auxiliary account of the university and used to expand

19  financial assistance, scholarships, and student academic and

20  career counseling services at the university. A university

21  board of trustees that establishes an admissions deposit

22  pursuant to this subsection must also adopt policies that

23  provide for the waiver of such deposit on the basis of

24  financial hardship. The board of trustees of the University of

25  Florida is authorized to establish an admissions deposit fee

26  for the University of Florida College of Dentistry in an

27  amount not to exceed $200.

28         Section 4.  Section 1012.975, Florida Statutes, is

29  created to read:

30         1012.975  Remuneration of state university presidents;

31  limitations.--


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    SB 36-A                                        First Engrossed



 1         (1)  DEFINITIONS.--As used in this section, the term:

 2         (a)  "Cash-equivalent compensation" means any benefit

 3  that may be assigned an equivalent cash value.

 4         (b)  "Public funds" means funds appropriated from the

 5  General Revenue Fund, funds appropriated from state trust

 6  funds, tuition and fees, or any funds from a state university

 7  trust fund regardless of repository.

 8         (c)  "Remuneration" means salary, bonuses, and

 9  cash-equivalent compensation paid to a state university

10  president by his or her employer for work performed, excluding

11  health insurance benefits and retirement benefits.

12         (2)  LIMITATION ON COMPENSATION.--Notwithstanding any

13  other law, resolution, or rule to the contrary, a state

14  university president may not receive more than $225,000 in

15  remuneration annually from public funds. Only compensation, as

16  such term is defined in s. 121.021(22), provided to a state

17  university president may be used in calculating benefits under

18  chapter 121.

19         (3)  EXCEPTIONS.--This section does not prohibit any

20  party from providing cash or cash-equivalent compensation from

21  funds that are not public funds to a state university

22  president in excess of the limit in subsection (2). If a party

23  is unable or unwilling to fulfill an obligation to provide

24  cash or cash-equivalent compensation to a state university

25  president as permitted under this subsection, public funds may

26  not be used to fulfill such obligation.

27         Section 5.  Subsection (5) of section 17.076, Florida

28  Statutes, is amended to read:

29         17.076  Direct deposit of funds.--

30         (5)  All direct deposit records made prior to October

31  1, 1986, are exempt from the provisions of s. 119.07(1). With


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    SB 36-A                                        First Engrossed



 1  respect to direct deposit records made on or after October 1,

 2  1986, the names of the authorized financial institutions and

 3  the account numbers of the beneficiaries are confidential and

 4  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

 5  I of the State Constitution. Notwithstanding this exemption

 6  and the provisions of s. 119.07(3)(dd), the department may

 7  provide a state university, upon request, with that

 8  university's employee or vendor direct deposit authorization

 9  information on file with the department in order to

10  accommodate the transition to the university accounting

11  system. The state university shall maintain the

12  confidentiality of all such information provided by the

13  department.

14         Section 6.  Subsection (2) of section 110.161, Florida

15  Statutes, is amended to read:

16         110.161  State employees; pretax benefits program.--

17         (2)  As used in this section, "employee" means any

18  individual filling an authorized and established position in

19  the executive, legislative, or judicial branch of the state,

20  including the employees of the State Board of Administration

21  and state universities .

22         Section 7.  Subsection (2) of section 112.215, Florida

23  Statutes, is amended to read:

24         112.215  Government employees; deferred compensation

25  program.--

26         (2)  For the purposes of this section, the term

27  "employee" means any person, whether appointed, elected, or

28  under contract, providing services for the state; any state

29  agency or county or other political subdivision of the state;

30  any municipality; any state university board of trustees; or

31  any constitutional county officer under s. 1(d), Art. VIII of


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 1  the State Constitution for which compensation or statutory

 2  fees are paid.

 3         Section 8.  Subsections (1) through (6) of section

 4  287.064, Florida Statutes, are amended to read:

 5         287.064  Consolidated financing of deferred-payment

 6  purchases.--

 7         (1)  The Division of Bond Finance of the State Board of

 8  Administration and the Comptroller shall plan and coordinate

 9  deferred-payment purchases made by or on behalf of the state

10  or its agencies or by or on behalf of state universities or

11  state community colleges participating under this section

12  pursuant to s. 1001.74(5) or s. 1001.64(26), respectively. The

13  Division of Bond Finance shall negotiate and the Comptroller

14  shall execute agreements and contracts to establish master

15  equipment financing agreements for consolidated financing of

16  deferred-payment, installment sale, or lease purchases with a

17  financial institution or a consortium of financial

18  institutions. As used in this act, the term "deferred-payment"

19  includes installment sale and lease-purchase.

20         (a)  The period during which equipment may be acquired

21  under any one master equipment financing agreement shall be

22  limited to not more than 3 years.

23         (b)  Repayment of the whole or a part of the funds

24  drawn pursuant to the master equipment financing agreement may

25  continue beyond the period established pursuant to paragraph

26  (a).

27         (c)  The interest rate component of any master

28  equipment financing agreement shall be deemed to comply with

29  the interest rate limitation imposed in s. 287.063 so long as

30  the interest rate component of every interagency, state

31  university, or community college agreement entered into under


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    SB 36-A                                        First Engrossed



 1  such master equipment financing agreement complies with the

 2  interest rate limitation imposed in s. 287.063. Such interest

 3  rate limitation does not apply when the payment obligation

 4  under the master equipment financing agreement is rated by a

 5  nationally recognized rating service in any one of the three

 6  highest classifications, which rating services and

 7  classifications are determined pursuant to rules adopted by

 8  the Comptroller.

 9         (2)  Unless specifically exempted by the Comptroller,

10  all deferred-payment purchases, including those made by a

11  state university or community college that is participating

12  under this section, shall be acquired by funding through

13  master equipment financing agreements. The Comptroller is

14  authorized to exempt any purchases from consolidated financing

15  when, in his or her judgment, alternative financing would be

16  cost-effective or otherwise beneficial to the state.

17         (3)  The Comptroller may require agencies to enter into

18  interagency agreements and may require participating state

19  universities or community colleges to enter into systemwide

20  agreements for the purpose of carrying out the provisions of

21  this act.

22         (a)  The term of any interagency or systemwide

23  agreement shall expire on June 30 of each fiscal year but

24  shall automatically be renewed annually subject to

25  appropriations and deferred-payment schedules. The period of

26  any interagency or systemwide agreement shall not exceed the

27  useful life of the equipment for which the agreement was made

28  as determined by the Comptroller.

29         (b)  The interagency or systemwide agreements may

30  include, but are not limited to, equipment costs, terms, and a

31  pro rata share of program and issuance expenses.


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    SB 36-A                                        First Engrossed



 1         (4)  Each state university or community college may

 2  choose to have its purchasing agreements involving

 3  administrative and instructional materials consolidated under

 4  this section.

 5         (5)  The Comptroller is authorized to automatically

 6  debit each agency's or state university's funds and each

 7  community college's portion of the Community College Program

 8  Fund consistently with the deferred-payment schedules.

 9         (6)  There is created the Consolidated Payment Trust

10  Fund in the Comptroller's office for the purpose of

11  implementing the provisions of this act. All funds debited

12  from each agency, state university, and each community college

13  may be deposited in the trust fund and shall be used to meet

14  the financial obligations incurred pursuant to this act. Any

15  income from the investment of funds may be used to fund

16  administrative costs associated with this program.

17         Section 9.  Subsection (6) of section 440.38, Florida

18  Statutes, is amended to read:

19         440.38  Security for compensation; insurance carriers

20  and self-insurers.--

21         (6)  The state and its boards, bureaus, departments,

22  and agencies and all of its political subdivisions which

23  employ labor, and the state universities, shall be deemed

24  self-insurers under the terms of this chapter, unless they

25  elect to procure and maintain insurance to secure the benefits

26  of this chapter to their employees; and they are hereby

27  authorized to pay the premiums for such insurance.

28         Section 10.  Subsection (19) of section 1001.74,

29  Florida Statutes, is amended to read:

30         1001.74  Powers and duties of university boards of

31  trustees.--


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    SB 36-A                                        First Engrossed



 1         (19)  Each board of trustees shall establish the

 2  personnel program for all employees of the university,

 3  including the president, pursuant to the provisions of chapter

 4  1012 and, in accordance with rules and guidelines of the State

 5  Board of Education, including: compensation and other

 6  conditions of employment, recruitment and selection,

 7  nonreappointment, standards for performance and conduct,

 8  evaluation, benefits and hours of work, leave policies,

 9  recognition and awards, inventions and works, travel, learning

10  opportunities, exchange programs, academic freedom and

11  responsibility, promotion, assignment, demotion, transfer,

12  tenure and permanent status, ethical obligations and conflicts

13  of interest, restrictive covenants, disciplinary actions,

14  complaints, appeals and grievance procedures, and separation

15  and termination from employment. The Department of Management

16  Services shall retain authority over state university

17  employees for programs established in ss. 110.123, 110.1232,

18  110.1234, and 110.1238, and 110.161 and in chapters 121, 122,

19  and 238.

20         Section 11.  Paragraphs (a) and (b) of subsection (2)

21  of section 1009.21, Florida Statutes, are amended, and

22  paragraph (d) is added to said subsection, to read:

23         1009.21  Determination of resident status for tuition

24  purposes.--Students shall be classified as residents or

25  nonresidents for the purpose of assessing tuition in community

26  colleges and state universities.

27         (2)(a)  To qualify as a resident for tuition purposes:

28         1.  A person or, if that person is a dependent child,

29  his or her parent or parents must have established legal

30  residence in this state and must have maintained legal

31  residence in this state for at least 12 months immediately


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    SB 36-A                                        First Engrossed



 1  prior to his or her initial enrollment at a Florida

 2  postsecondary educational institution. For purposes of this

 3  section, the term "initial enrollment" is defined as the first

 4  day of class qualification.

 5         2.  Every applicant for admission to an institution of

 6  higher education shall be required to make a statement as to

 7  his or her length of residence in the state and, further,

 8  shall establish that his or her presence or, if the applicant

 9  is a dependent child, the presence of his or her parent or

10  parents in the state currently is, and during the requisite

11  12-month qualifying period was, for the purpose of maintaining

12  a bona fide domicile, rather than for the purpose of

13  maintaining a mere temporary residence or abode incident to

14  enrollment in an institution of higher education.

15         (b)  However, with respect to a dependent child living

16  with an adult relative other than the child's parent, such

17  child may qualify as a resident for tuition purposes if the

18  adult relative is a legal resident who has maintained legal

19  residence in this state for at least 12 months immediately

20  prior to the child's initial enrollment at a Florida

21  postsecondary educational institution qualification, provided

22  the child has resided continuously with such relative for the

23  5 years immediately prior to the child's initial enrollment

24  qualification, during which time the adult relative has

25  exercised day-to-day care, supervision, and control of the

26  child.

27         (d)  A person who is classified as a nonresident for

28  tuition purposes may become eligible for reclassification as a

29  resident for tuition purposes if that person, or if that

30  person is a dependent child, his or her parent, presents

31  documentation that supports permanent residency in this state,


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    SB 36-A                                        First Engrossed



 1  such as documentation of permanent full-time employment for

 2  the previous 12 months or the purchase of a home in this state

 3  and residence therein for the prior 12 months.

 4         Section 12.  Effective upon this act becoming a law and

 5  applicable retroactive to January 7, 2003, section 1010.10,

 6  Florida Statutes, is created to read:

 7         1010.10  Florida Uniform Management of Institutional

 8  Funds Act.--

 9         (1)  SHORT TITLE.--This section may be cited as the

10  "Florida Uniform Management of Institutional Funds Act."

11         (2)  DEFINITIONS.--As used in this section, the term:

12         (a)  "Endowment fund" means an institutional fund, or

13  any part thereof, not wholly expendable by the institution on

14  a current basis under the terms of the applicable gift

15  instrument.

16         (b)  "Governing board" means the body responsible for

17  the management of an institution or of an institutional fund.

18         (c)  "Institution" means an incorporated or

19  unincorporated organization organized and operated exclusively

20  for the advancement of educational purposes, or a governmental

21  entity to the extent that it holds funds exclusively for

22  educational purposes.

23         (d)  "Institutional fund" means a fund held by an

24  institution for its exclusive use, benefit, or purposes. The

25  term excludes a fund held for an institution by a trustee that

26  is not an institution. The term also excludes a fund in which

27  a beneficiary that is not an institution has an interest,

28  other than possible rights that could arise upon violation or

29  failure of the purposes of the fund.

30         (e)  "Instrument" means a will; deed; grant;

31  conveyance; agreement; memorandum; electronic record; writing;


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 1  or other governing document, including the terms of any

 2  institutional solicitations from which an institutional fund

 3  resulted, under which property is transferred to or held by an

 4  institution as an institutional fund.

 5         (3)  EXPENDITURE OF ENDOWMENT FUNDS.--

 6         (a)  A governing board may expend so much of an

 7  endowment fund as the governing board determines to be prudent

 8  for the uses and purposes for which the endowment fund is

 9  established, consistent with the goal of conserving the

10  purchasing power of the endowment fund. In making its

11  determination the governing board shall use reasonable care,

12  skill, and caution in considering the following:

13         1.  The purposes of the institution;

14         2.  The intent of the donors of the endowment fund;

15         3.  The terms of the applicable instrument;

16         4.  The long-term and short-term needs of the

17  institution in carrying out its purposes;

18         5.  The general economic conditions;

19         6.  The possible effect of inflation or deflation;

20         7.  The other resources of the institution; and

21         8.  Perpetuation of the endowment.

22  

23  Expenditures made under this paragraph will be considered

24  prudent if the amount expended is consistent with the goal of

25  preserving the purchasing power of the endowment fund.

26         (b)  A restriction upon the expenditure of an endowment

27  fund may not be implied from a designation of a gift as an

28  endowment or from a direction or authorization in the

29  instrument to use only "income," "interest," "dividends," or

30  "rents, issues or profits," or "to preserve the principal

31  intact," or words of similar import.


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 1         (c)  The provisions of paragraph (a) shall not apply to

 2  instruments if the instrument so indicates by stating, "I

 3  direct that the expenditure provision of paragraph (a) of

 4  subsection (3) of the Florida Uniform Management of

 5  Institutional Funds Act not apply to this gift" or words of

 6  similar import.

 7         (d)  This subsection does not limit the authority of a

 8  governing board to expend funds as permitted under other law,

 9  the terms of the instrument, or the charter of the

10  institution.

11         (e)  Except as otherwise provided, this subsection

12  applies to instruments executed or in effect before or after

13  the effective date of this section.

14         (4)  STANDARD OF CONDUCT.--

15         (a)  Members of a governing board shall invest and

16  manage an institutional fund as a prudent investor would, by

17  considering the purposes, distribution requirements, and other

18  circumstances of the fund. In satisfying this standard, the

19  governing board shall exercise reasonable care, skill, and

20  caution.

21         (b)  A governing board's investment and management

22  decisions about individual assets shall be made not in

23  isolation but in the context of the institutional fund's

24  portfolio of investments as a whole and as a part of an

25  overall investment strategy that provides risk and return

26  objectives reasonably suited to the fund and to the

27  institution.

28         (c)  Among circumstances that a governing board shall

29  consider are:

30         1.  Long-term and short-term needs of the institution

31  in carrying out its purposes;


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 1         2.  Its present and anticipated financial resources;

 2         3.  General economic conditions;

 3         4.  The possible effect of inflation or deflation;

 4         5.  The expected tax consequences, if any, of

 5  investment decisions or strategies;

 6         6.  The role that each investment or course of action

 7  plays within the overall investment portfolio of the

 8  institutional fund;

 9         7.  The expected total return from income and the

10  appreciation of its investments;

11         8.  Other resources of the institution;

12         9.  The needs of the institution and the institutional

13  fund for liquidity, regularity of income, and preservation or

14  appreciation of capital; and

15         10.  An asset's special relationship or special value,

16  if any, to the purposes of the applicable gift instrument or

17  to the institution.

18         (d)  A governing board shall make a reasonable effort

19  to verify the facts relevant to the investment and management

20  of institutional fund assets.

21         (e)  A governing board shall diversify the investments

22  of an institutional fund unless the board reasonably

23  determines that, because of special circumstances, the

24  purposes of the fund are better served without diversifying.

25         (f)  A governing board shall invest and manage the

26  assets of an institutional fund solely in the interest of the

27  institution.

28         (5)  INVESTMENT AUTHORITY.--In addition to an

29  investment otherwise authorized by law or by the applicable

30  gift instrument, and without restriction to investments a

31  fiduciary may make, the governing board, subject to any


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 1  specific limitations in the applicable gift instrument or in

 2  the applicable law, other than law relating to investments by

 3  a fiduciary:

 4         (a)  Within a reasonable time after receiving property,

 5  shall review the property and make and implement decisions

 6  concerning the retention and disposition of the assets, in

 7  order to bring the portfolio of the institutional fund into

 8  compliance with the purposes, terms, distribution

 9  requirements, and other circumstances of the institution, and

10  with the requirements of this section;

11         (b)  May invest in any kind of property or type of

12  investment consistent with the standards of this section;

13         (c)  May include all or any part of an institutional

14  fund in any pooled or common fund maintained by the

15  institution; and

16         (d)  May invest all or any part of the institutional

17  fund in any other pooled or common fund available for

18  investment, including shares or interests in regulated

19  investment companies, mutual funds, common trust funds,

20  investment partnerships, real estate investment trusts, or

21  similar organizations in which funds are commingled and

22  investment determinations are made by persons other than the

23  governing board.

24         (6)  DELEGATION OF INVESTMENT MANAGEMENT.--

25         (a)  Except as otherwise provided by applicable law

26  relating to governmental institutions or funds, a governing

27  board may delegate investment and management functions that a

28  prudent governing body could properly delegate under the

29  circumstances. A governing board shall exercise reasonable

30  care, skill, and caution in:

31         1.  Selecting an agent;


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    SB 36-A                                        First Engrossed



 1         2.  Establishing the scope and terms of the delegation,

 2  consistent with the purposes of the institutional fund; and

 3         3.  Periodically reviewing the agent's actions to

 4  monitor the agent's performance and the agent's compliance

 5  with the terms of the delegation.

 6         (b)  In performing a delegated function, an agent owes

 7  a duty to the governing board to exercise reasonable care to

 8  comply with the terms of the delegation.

 9         (c)  The members of a governing board who comply with

10  the requirements of paragraph (a) are not liable for the

11  decisions or actions of the agent to whom the function was

12  delegated.

13         (d)  By accepting the delegation of an investment or

14  management function from a governing board of an institution

15  that is subject to the laws of this state, an agent submits to

16  the jurisdiction of the courts of this state in all actions

17  arising from the delegation.

18         (7)  INVESTMENT COSTS.--In investing and managing trust

19  assets, a governing board may only incur costs that are

20  appropriate and reasonable in relation to the assets and the

21  purposes of the institution.

22         (8)  RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--

23         (a)  With the written consent of the donor, a governing

24  board may release, in whole or in part, a restriction imposed

25  by the applicable instrument on the use or investment of an

26  institutional fund.

27         (b)  If written consent of the donor cannot be obtained

28  by reason of the donor's death, disability, unavailability, or

29  impossibility of identification, a governing board may

30  release, in whole or in part, a restriction imposed by the

31  applicable instrument on the use or investment of an


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    SB 36-A                                        First Engrossed



 1  institutional fund if the fund has a total value of less than

 2  $100,000 and if the governing board, in its fiduciary

 3  judgment, concludes that the value of the fund is insufficient

 4  to justify the cost of administration as a separate

 5  institutional fund.

 6         (c)  If written consent of the donor cannot be obtained

 7  by reason of the donor's death, disability, unavailability, or

 8  impossibility of identification, a governing board may apply

 9  in the name of the institution to the circuit court of the

10  county in which the institution is located for release of a

11  restriction imposed by the applicable instrument on the use or

12  investment of an institutional fund. The Attorney General

13  shall be notified of the application and shall be given an

14  opportunity to be heard. If the court finds that the

15  restriction is unlawful, impracticable, impossible to achieve,

16  or wasteful, it may by order release the restriction in whole

17  or in part. A release under this subsection may not change an

18  endowment fund to a fund that is not an endowment fund.

19         (d)  A release under this subsection may not allow a

20  fund to be used for purposes other than the educational

21  purposes of the institution affected.

22         (e)  This subsection does not limit the application of

23  the doctrine of cy pres.

24         (9)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This

25  act shall be applied and construed so as to effectuate its

26  general purpose to make uniform the law with respect to the

27  subject of this act among those states which enact it.

28         Section 13.  Section 1011.94, Florida Statutes, is

29  amended to read:

30         1011.94  Trust Fund for University Major Gifts.--

31  


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 1         (1)  There is established a Trust Fund for University

 2  Major Gifts. The purpose of the trust fund is to enable each

 3  university and New College to provide donors with an incentive

 4  in the form of matching grants for donations for the

 5  establishment of permanent endowments and sales tax exemption

 6  matching funds received pursuant to s. 212.08(5)(j), which

 7  must be invested, with the proceeds of the investment used to

 8  support university priorities as established by the university

 9  board of trustees libraries and instruction and research

10  programs, as defined by the State Board of Education. All

11  funds appropriated for the challenge grants, new donors, major

12  gifts, sales tax exemption matching funds pursuant to s.

13  212.08(5)(j), or eminent scholars program must be deposited

14  into the trust fund and invested pursuant to s. 18.125 until

15  the Board of Governors State Board of Education allocates the

16  funds to universities to match private donations.

17  Notwithstanding s. 216.301 and pursuant to s. 216.351, any

18  undisbursed balance remaining in the trust fund and interest

19  income accruing to the portion of the trust fund which is not

20  matched and distributed to universities must remain in the

21  trust fund and be used to increase the total funds available

22  for challenge grants. Funds deposited in the trust fund for

23  the sales tax exemption matching program authorized in s.

24  212.08(5)(j), and interest earnings thereon, shall be

25  maintained in a separate account within the Trust Fund for

26  University Major Gifts, and may be used only to match

27  qualified sales tax exemptions that a certified business

28  designates for use by state universities and community

29  colleges to support research and development projects

30  requested by the certified business. The Board of Governors

31  State Board of Education may authorize any university to


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    SB 36-A                                        First Engrossed



 1  encumber the state matching portion of a challenge grant from

 2  funds available under s. 1011.45.

 3         (2)  The Board of Governors State Board of Education

 4  shall specify the process for submission, documentation, and

 5  approval of requests for matching funds, accountability for

 6  endowments and proceeds of endowments, allocations to

 7  universities, restrictions on the use of the proceeds from

 8  endowments, and criteria used in determining the value of

 9  donations.

10         (3)(a)  The Board of Governors State Board of Education

11  shall allocate the amount appropriated to the trust fund to

12  each university and New College based on the amount of the

13  donation and the restrictions applied to the donation.

14         (b)  Donations for a specific purpose must be matched

15  in the following manner:

16         1.  Each university that raises at least $100,000 but

17  no more than $599,999 from a private source must receive a

18  matching grant equal to 50 percent of the private

19  contribution.

20         2.  Each university that raises a contribution of at

21  least $600,000 but no more than $1 million from a private

22  source must receive a matching grant equal to 70 percent of

23  the private contribution.

24         3.  Each university that raises a contribution in

25  excess of $1 million but no more than $1.5 million from a

26  private source must receive a matching grant equal to 75

27  percent of the private contribution.

28         4.  Each university that raises a contribution in

29  excess of $1.5 million but no more than $2 million from a

30  private source must receive a matching grant equal to 80

31  percent of the private contribution.


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    SB 36-A                                        First Engrossed



 1         5.  Each university that raises a contribution in

 2  excess of $2 million from a private source must receive a

 3  matching grant equal to 100 percent of the private

 4  contribution.

 5         6.  The amount of matching funds used to match a single

 6  gift in any given year shall be limited to $3 million. The

 7  total amount of matching funds available for any single gift

 8  shall be limited to $15 million, to be distributed in equal

 9  amounts of $3 million per year over a period of 5 years.

10         (c)  The Board of Governors State Board of Education

11  shall encumber state matching funds for any pledged

12  contributions, pro rata, based on the requirements for state

13  matching funds as specified for the particular challenge grant

14  and the amount of the private donations actually received by

15  the university for the respective challenge grant.

16         (4)  Matching funds may be provided for contributions

17  encumbered or pledged under the Eminent Scholars Act prior to

18  July 1, 1994, and for donations or pledges of any amount equal

19  to or in excess of the prescribed minimums which are pledged

20  for the purpose of this section.

21         (5)(a)  Each university foundation and New College

22  Foundation shall establish a challenge grant account for each

23  challenge grant as a depository for private contributions and

24  state matching funds to be administered on behalf of the Board

25  of Governors State Board of Education, the university, or New

26  College. State matching funds must be transferred to a

27  university foundation or New College Foundation upon

28  notification that the university or New College has received

29  and deposited the amount specified in this section in a

30  foundation challenge grant account.

31  


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    SB 36-A                                        First Engrossed



 1         (b)  The foundation serving a university and New

 2  College Foundation each has the responsibility for the

 3  maintenance and investment of its challenge grant account and

 4  for the administration of the program on behalf of the

 5  university or New College, pursuant to procedures specified by

 6  the Board of Governors State Board of Education. Each

 7  foundation shall include in its annual report to the Board of

 8  Governors State Board of Education information concerning

 9  collection and investment of matching gifts and donations and

10  investment of the account.

11         (c)  A donation of at least $600,000 and associated

12  state matching funds may be used to designate an Eminent

13  Scholar Endowed Chair pursuant to procedures specified by the

14  Board of Governors State Board of Education.

15         (6)  The donations, state matching funds, or proceeds

16  from endowments established under this section may not be

17  expended for the construction, renovation, or maintenance of

18  facilities or for the support of intercollegiate athletics.

19         Section 14.  If any law that is amended by this act was

20  also amended by a law enacted at the 2003 Regular Session of

21  the Legislature, such laws shall be construed as if they had

22  been enacted during the same session of the Legislature, and

23  full effect should be given to each if that is possible.

24         Section 15.  Except as otherwise expressly provided in

25  this act, this act shall take effect July 1, 2003.

26  

27  

28  

29  

30  

31  


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